ASOMAH vs. SERVORDZIE [1980]DLCA1563

Date	1980-07-09
Suit No.
Citation No.	[1980]DLCA1563

SOWAH JA

ARCHER JA

CHARLES CRABBE J.A.

AHENKORAH FOR THE APPELLANT.

M. ATADIKA (WITH HIM OPPONG) FOR THE RESPONDENT.

[1980]DLCA1563
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													<main id="main" class="content" style="min-height: 60rem" >ASOMAH <o:p></o:p>vs. <o:p></o:p>SERVORDZIE<o:p></o:p>[COURT OF APPEAL, ACCRA] <o:p></o:p>[1980] GLR 152<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
9
JULY 1980<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

AHENKORAH FOR THE APPELLANT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

SOWAH, ARCHER AND CHARLES CRABBE JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ARCHER J.A.<o:p></o:p>The appellant
claimed against the respondent declaration of title to a cocoa farm at
Nsuopriho on Dormaa stool land, ¢200 damages for trespass and perpetual
injunction.<o:p></o:p><o:p>&nbsp;</o:p>In
support of his claim, he testified at the trial at the High Court, Sunyani,
that in 1966, the then Odikro of Asikasu and Safohene of Dormaa-Ahenkro granted
him 40 acres of land for farming purposes. One Nana Kojo Addo, the first
plaintiff witness, demarcated the land for him and as consideration for the
grant, he paid ¢140 to the Asikasuhene. Thereafter the appellant’s name was
recorded in the books of the Dormaa State Council as a tenant of the stool. He
has since cultivated nine seasonal farms consisting of cocoa, foodstuffs, i.e.
cocoyam, cassava and plantain. After four years of cultivation, he was able to
commence paying tribute to the Dormaa stool. He maintained that the land
granted him was virgin forest and he employed labourers to clear the land and
fell trees before planting his crops. He was in possession and actively worked
on the farm from 1966 until 1974 when the respondent came to the farm and
claimed the whole farm cultivated by him.<o:p></o:p><o:p>&nbsp;</o:p>The
respondent in his defence and counterclaim testified that before 1960, he was a
preventive customs officer stationed at Dormaa-Ahenkro. In 1960, the preventive
customs officers were absorbed into the Ghana Police Service and in 1964 he was
transferred to take charge of Nkrankwanta Police Post. Before then, he knew
Nana Oppong Kwabena, the Asikasuhene and also Nana Kwabena Yeboah, the then Ankobeahene.
In that year, both the Asikasuhene and the Ankobeahene reported a case at the
Nkrankwanta Police Post and, as a result of the report, the respondent made an
arrest. While handling the case the respondent requested the two chiefs for
land on which to farm. The two promised to consult the Dormaahene. Three days
later, they returned to inform him that the Dormaahene had agreed to his
request for land on which to farm. He presented them with four bottles beer and
schnapps for libation. The next day, one Kwasi Anin was instructed by the two
chiefs to show the respondent the land to be granted. Three days later Anin
took him to the land and demarcated the land with one Addo’s farm, the Ayensu
and the Asuopri streams as boundaries. After the demarcation, the respondent
presented six bottles beer, one bottle schnapps and £G4.4s. which were accepted
by the two chiefs confirming the grant. However, the two chiefs made it clear
to the respondent that if after two or three years the respondent failed to
cultivate the land then the two chiefs would be entitled to take back the land
from the respondent. Furthermore, if the respondent cultivated the land and the
farm started to yield, then he would be taken to the paramount chief at
Dormaa-Ahenkro where he would provide sheep and com- mence to pay the yearly
tribute. These express terms and conditions were accepted by the respondent.
After the grant, the respondent with the assistance of about hundred men
cleared in one day, the whole forest demarcated by Anin. Later the respondent
hired men to fell the trees. He himself burnt the whole farm and started
planting cocoa, plantain suckers and yam. In 1965, the respondent was
transferred to Half-Assini. In his absence, his wife, Beatrice Geraldo,
continued with the planting until July 1966 when she also left Nkrankwanta. His
other wife, Cecilia Yeboah, the niece of the Asikasuhene, also accompanied him
on transfer to Half-Assini. The respondent further revealed that while he was
stationed at Half-Assini, neither of his two wives visited the farm but the
farm was left under the care of the local chief of the Ewe community, one Kojo
Ntiforo.<o:p></o:p><o:p>&nbsp;</o:p>In 1970,
the respondent was transferred from Half-Assini to Hamile in the Upper Region.
While he was stationed there he had information that his farm had been
trespassed upon. He came down to see the Asikasuhene, his grantor, who denied
having sold the farm to the appellant. The respondent lodged a complaint with
the Dormaahene in 1974. As a result of the complaint, the appellant sued for
declaration of title and the respondent also counterclaimed for a similar
declaration of title to the farm in dispute.<o:p></o:p><o:p>&nbsp;</o:p>The
learned trial judge found that the respondent had a prior grant from the
Asikasuhene in 1965 and the earlier grant must prevail over the subsequent
grant to the appellan</main>